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2018 Supreme(Kar) 449
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
BUDIHAL R.B., B.A. PATIL, JJ.
Sri Suresh Kumar S/o Krishnamurthy – Appellant
Versus
The State of Karnataka by Kumarswamy Layout Police Station, Bangalore – Respondent
Criminal Appeal No. 494 of 2013
Decided On : 20-08-2018
For the Appellants : Sri Mohammed Ibrahim, Sri Chandrashekar R.P.
For the Respondent: Sri Vijayakumar Majage.
Headnote:INDIAN PENAL CODE, 1860 [C.A. NO. 45/1860] - Sections 304, Part II, 300, Exception 4 - Culpable homicide not amounting to murder - Accused husband allegedly killed his wife by strangulation for demand of money - Seizure of confessional letter written by accused - Recovery of gold articles, cash and vehicle at instance of accused - Expert witness proving that handwriting on letter and specimen handwriting is that of same person - Accused also admitting letter written in his handwriting - Presence of accused at place of incident, established - Medical evidence proving homicidal death of deceased - Accused selling gold ornaments of deceased immediately after incident - Panch witness proving recovery evidence - Accused failing to produce evidence in support of his plea of alibi - Chain of circumstances, established - Testimony of neighbour of deceased, cross-examination of accused and handwritten confession of accused proving quarrel between accused and deceased before incident - Incident occurred in spur of moment without premeditation - Accused liable to be convicted under Section 304 Part II and not under Section 300 of Penal Code.
INDIAN EVIDENCE ACT, 1872 [C.A. NO. 1/1872] - Section 3 - Circumstantial evidence - Standard of proof - Prosecution has to fully establish all circumstances and chain of events - Such circumstances must be complete and not to leave any reasonable ground for conclusion consistent with innocence of accused.
INDIAN EVIDENCE ACT, 1872 [C.A. NO. 1/1872] - Section 103 - Plea of alibi - Death taking place in house of accused - It is for accused to explain as to under what circumstances alleged incident has taken place - Prosecution proving homicidal death - Plea of alibi not sustainable.
INDIAN PENAL CODE, 1860 [C.A. NO. 45/1860] - Section 299 - Homicidal death - Medical evidence proving death due to asphyxia as result of strangulation and possibility of injuries caused during quarrel - Ligature mark found around neck, right lateral aspect, back and on left lateral aspect - Doctor proving 12 fresh ante-mortem injuries - Homicidal death, established.
INDIAN PENAL CODE, 1860 [C.A. NO. 45/1860] - Sections 302 & 304 Part - II - Prosecution based on circumstantial evidence - Offence of murder of wife - Presence of accused, pressing of neck of deceased with hands causing death, recoveries, etc., proved - Accused not establishing plea of alibi - However, accused not having intention to cause death - Incident taking place on spur of moment - On facts held, trial Court ought to have convicted accused under Section 304, Part II instead of Section 302. Conviction altered to one under Section 304, Part-II.
1. This appeal is directed against the judgment and order of conviction and sentence passed by the Presiding Officer, Fast Track Court-XV, Bengaluru in SC No. 662/2010, dated 9/16.4.2013, whereunder accused Nos. 1 and 3 were acquitted of the offence punishable under Section 498A of IPC r/w. Section 34 of IPC and accused No. 3 is also acquitted of the offence punishable under Section 302 of IPC. Accused No. 1-appellant herein was convicted for the offence punishable under Section 302 of IPC. In so far as accused No. 2 is concerned, after filing of the charge sheet, the case as against him was abated as he died during the course of trial.
2. Briefly stated, the case of the prosecution as per the complaint at Ex.P3 is that M. Mohan Kumar, brother of the deceased Shobha filed the complaint dated 25.1.2010, alleging that his sister Shobha was given in marriage to accused No. 1 - Sureshkumar, son of Krishnamurthy and Susheela of Mavalli, about six months’ back. At the time of marriage, parents of accused No. 1 demanded dowry of Rs. 50,000/- and also insisted for gold ornaments to the bride and a neck gold chain, a ring and suit to the bridegroom. The parents of the complainant told that they are not going to pay any dowry, but they will give a wrist watch, a ring and neck chain and perform the marriage. Accordingly without giving any cash, they gave mangalya and two pairs of ear studs.
3. It is further case of the complainant that after the marriage, his sister Shobha went to the matrimonial house at Yelechanalli and by taking a rented house, they were residing there. Accused No. 1-Sureshkumar told that he has studied upto PUC and was working with TATA sky and made them to believe and got married, but he has only studied upto SSLC. His sister was working in customer care centre of NOKIA Company and was earning Rs. 5,000/- per month. One month after the marriage, in-laws of the deceased Shobha along with accused No. 1, started and ill-treating her by demanding of Rs. 50,000/-. They also used to tell her to go and bring the said amount from her parents, otherwise they will not provide food for her and she used to tell the said fact to them. It is further alleged that accused No. 1 also used to tell her to resign the job which she was doing and join somewhere to get more salary and maintain the family and thereby used to ill-treat and harass her. It is further alleged that in-laws of the deceased used to ill-treat her and instigate accused No. 1 and the said fact used to be informed by his sister. It is further alleged that in order to settle her life, panchayats were held for 10 times and in spite of the same, they used to threaten that if accused No. 1 gets married another woman they will get more money. It is further alleged that when his sister become pregnant, they got aborted the child and though there was ill-treatment and harassment, the said family life may improve and settle, they remained silent.
4. It is further alleged that on 25.1.2010 when the complainant was in the house at about 4.30 a.m., police informed him over phone and asked whether any of his relative is residing in Geetha Colony at Yelechenahalli, as one person has died in the first floor of one house and asked him to come and see. Immediately, himself and his brother Sunil went there and they saw his sister lying dead in the kitchen. When they were searching around the said place, they find a chit on deewana. When they read the said chit, it was found that accused No. 1-Suresh Kumar has written the said letter to the police stating that with hundred dreams he got married with Shobha, but there was a disappointment for him as she was not having the female character and without just cause, she used to quarrel and when he went to assault her, she made hue and cry saying that she would be killed. As such, by saying that she should really die, he squeezed her neck and thereafter she died and he is responsible for the same and nobody else. It is further allege
